NY State Senate Bill 2009-S3048

Senate Bill S3048

2009-2010 Legislative Session

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2010	opinion referred to judiciary
Jan 12, 2010	to attorney-general for opinion
Jan 06, 2010	referred to judiciary
Apr 06, 2009	opinion referred to judiciary
Mar 16, 2009	to attorney-general for opinion
Mar 10, 2009	referred to judiciary

co-Sponsors

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2009-S3048 (ACTIVE) - Details

See Assembly Version of this Bill:: A10874
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 4 §8, Constn
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2381, A6133
2013-2014: S3462, A4758

2009-S3048 (ACTIVE) - Summary

Provides for legislative review of rules and regulations and allows the legislature to invalidate regulations that are not consistent with the legislative intent.

2009-S3048 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3048

 TITLE OF BILL :

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to section 8 of article 4 of the constitution, in relation
to legislative review of rules and regulations


 PURPOSE :

To allow the legislature to invalidate regulations that are not
consistent with legislative intent or which are likely to have a
substantial unanticipated fiscal impact on the state or local
governments.

 SUMMARY OF PROVISIONS :

This bill will amend the Constitution to allow the legislature by
majority vote of both houses to invalidate regulations not consistent
with the legislative intent or which are likely to have a substantial
unanticipated fiscal impact on the state or local governments.

 EXISTING LAW :

There is no provision similar to this in the New York Constitution.

 JUSTIFICATION :

The intent of the legislature in passing a particular statute must be
the paramount concern in drafting rules and regulations implementing
the statute. The will of the legislature should not be altered or
circumvented by state agencies drafting rules and regulations. When
rules and regulations exceed or stray from the legislative intent,
there may be unanticipated burdens placed on the constituents of the
legislators which voted for the legislation at issue. In addition, in
these tight financial times, it is also important that regulations do
not impose costs on the state or local governments which were not
anticipated by the legislature at the time of passage of the
legislation which the regulations are implementing.

This bill would allow the legislature to identify and eliminate
regulations that the legislature never intended which may impose
needless burdens and costs on consumers, businesses or government.
Specifically, this bill would amend the Constitution to authorize the
legislature to review any rule or regulation to determine if it is
consistent with the intent of the legislature or if it would have a
substantial unanticipated fiscal impact on the state or local
governments. Upon making such a finding through a concurrent
resolution to the governor and the head of the appropriate agency, the
agency would be required to amend or withdraw the regulation. In the
event that the agency fails to take such action within thirty days,
the legislature may vote to invalidate such regulation.

 LEGISLATIVE HISTORY :

S.6982 of 2008

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Resolved (if the Assembly concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

2009-S3048 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3048

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sens.  SEWARD,  DeFRANCISCO, O. JOHNSON, LARKIN, LITTLE,
  PADAVAN, RANZENHOFER, SALAND, SKELOS -- read twice and ordered  print-
  ed, and when printed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to section 8 of article 4 of the constitution, in
  relation to legislative review of rules and regulations

  Section  1. Resolved (if the Assembly concur), That section 8 of arti-
cle 4 of the constitution be amended to read as follows:
  S 8. No rule or  regulation  made  by  any  state  department,  board,
bureau,  officer, authority or commission, except such as relates to the
organization or  internal  management  of  a  state  department,  board,
bureau,  authority or commission shall be effective until it is filed in
the office of the department of state. The legislature shall provide for
the speedy publication of such  rules  and  regulations  by  appropriate
laws.  THE LEGISLATURE MAY REVIEW ANY RULE OR REGULATION TO DETERMINE IF
THE  RULE OR REGULATION IS CONSISTENT WITH THE INTENT OF THE LEGISLATURE
AS EXPRESSED IN THE LANGUAGE OF THE STATUTE WHICH THE RULE OR REGULATION
IS INTENDED TO IMPLEMENT AND/OR TO DETERMINE WHETHER THE RULE  OR  REGU-
LATION  IS  LIKELY  TO  HAVE A SUBSTANTIAL FISCAL IMPACT ON THE STATE OR
LOCAL GOVERNMENTS WHICH WAS NOT ANTICIPATED BY THE  LEGISLATURE  AT  THE
TIME  OF THE PASSAGE OF THE LEGISLATION. UPON A FINDING THAT AN EXISTING
OR PROPOSED RULE OR REGULATION IS NOT CONSISTENT WITH LEGISLATIVE INTENT
AND/OR A FINDING OF A SUBSTANTIAL UNANTICIPATED  FISCAL  IMPACT  ON  THE
STATE  OR LOCAL GOVERNMENTS, THE LEGISLATURE SHALL TRANSMIT THIS FINDING
IN THE FORM OF A CONCURRENT RESOLUTION TO THE GOVERNOR AND THE  HEAD  OF
THE  STATE  DEPARTMENT,  BOARD,  BUREAU,  AUTHORITY  OR COMMISSION WHICH
PROMULGATED, OR PLANS TO PROMULGATE, THE RULE OR REGULATION.  THE  STATE
DEPARTMENT,  BOARD,  BUREAU,  AUTHORITY  OR COMMISSION SHALL HAVE THIRTY
DAYS TO AMEND OR WITHDRAW THE EXISTING OR PROPOSED RULE  OR  REGULATION.
IF THE STATE DEPARTMENT, BOARD, BUREAU, AUTHORITY OR COMMISSION DOES NOT
AMEND  OR  WITHDRAW  THE  EXISTING  OR  PROPOSED RULE OR REGULATION, THE
LEGISLATURE MAY INVALIDATE THAT RULE OR REGULATION, IN WHOLE OR IN PART,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD89094-01-9

S. 3048                             2

OR MAY PROHIBIT THAT PROPOSED RULE OR REGULATION, IN WHOLE OR  IN  PART,
FROM  TAKING EFFECT BY A VOTE OF A MAJORITY OF THE AUTHORIZED MEMBERSHIP
OF EACH HOUSE IN FAVOR OF A CONCURRENT RESOLUTION PROVIDING FOR  INVALI-
DATION OR PROHIBITION, AS THE CASE MAY BE, OF THE RULE OR REGULATION.
  S  2.  Resolved (if the Assembly concur), That the foregoing amendment
be referred to the first regular legislative session convening after the
next succeeding general election of members of  the  assembly,  and,  in
conformity  with  section  1  of  article  19  of  the  constitution, be
published for 3 months previous to the time of such election.

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